Transfers unaffected by appeal
681 Transfers unaffected by appeal
This section applies if—
the Youth Parole Board has given a direction under section 667, 668, 669, 670, 671, 679 or 680 in respect of a child or young person; and
the child or young person appeals the sentence of detention in respect of which the direction referred to in paragraph (a) was given; and
that direction is in force at the time of the appeal.
The Secretary must inform the court hearing the appeal that a direction referred to in subsection (1)(a) has been given in respect of the sentence of detention being appealed by the child or young person.
If, on appeal, a court makes a youth justice custodial order in respect of the child or young person—
the direction referred to in subsection (1)(a) continues to apply; and
the period of detention under the youth justice custodial order must be served as imprisonment.
Nothing in this section affects the power of the Adult Parole Board to direct the transfer of a child or young person from a prison to a youth justice custodial centre under section 674.
This Act’s bill:Explanatory memorandumSecond reading speech
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